Our lawyers can help defendants facing a wide array of criminal charges as they navigate their trials and build viable defenses.
In general, misdemeanors are the least serious criminal offenses, though they can still carry months-long prison sentences if defendants are convicted. Judges might still set bail in misdemeanor cases, which defendants might not anticipate, and our lawyers can explain what to do in this situation and how to post bail. Felonies, particularly second and first degree felonies, are especially intimidating for defendants because they could spend years in prison if convicted, particularly if they have criminal records. Having support from our experienced defense lawyers when navigating your case is crucial so that you thoroughly understand any charges filed against you and what it will take to overcome them. In addition to preparing and presenting your defense in court, our lawyers can keep you updated on mandatory court appearances and remind you of any bail conditions so that the judge does not revoke your bail at any point during your trial.
Overson Law can review your case for free today when you call our criminal defense lawyers at (801) 758-2287.
Categories of Criminal Offenses in Herriman, UT
Criminal offenses fall into one of two broad categories: misdemeanors or felonies. There are different types of misdemeanors and felonies, each carrying different potential consequences for defendants if convicted. Once we identify the exact reason for your arrest and the charges filed against you, we can start preparing your case and defense.
Misdemeanors
Misdemeanors, namely class C misdemeanors, are the lowest criminal offense you could be charged with in Utah. Though you could get jail time for a misdemeanor conviction, with the maximum sentence for class A misdemeanor convictions being up to 364 days in jail, our lawyers may be able to negotiate fines and other consequences instead of jail time. For example, suppose you are arrested and convicted of driving under the influence, which is typically a class B misdemeanor, according to Utah Code § 41-6a-502(2)(a). Class B misdemeanors are punishable by up to six months in jail, though participating in alcohol or drug management courses may let you avoid such consequences, especially if you do not have a previous criminal record.
Judges can set bail for misdemeanor offenses in Utah, and our lawyers can represent you during your bail hearing to ensure the amount is fair. Judges might also revoke bail if defendants fail to attend mandatory appearances, and our lawyers can ensure you are aware and present at all court dates throughout your case.
Our attorneys can help those with previous misdemeanor convictions file for expungement, depending on how much time has passed. Utah’s recent change of maximum prison sentences for class A convictions – lowering it from one year to 364 days – and its Clean Slate Law makes it easier for many to erase previous misdemeanor convictions, like low-level drug offenses.
Felonies
Felony charges are automatically more serious than misdemeanors because of the nature of the offenses and the consequences upon conviction. The lowest felony charge is a third degree felony. Examples of third degree felony offenses include theft of property valued between $1,500 and $5,000, causing serious bodily injury while driving under the influence, and aggravated assault. If convicted, defendants up to five years in prison under § 76-3-203(3). When facing more serious charges than even third degree felonies, our lawyers might fight to get the charges reduced to mitigate the consequences defendants face, which increase substantially from third to second degree felony convictions.
For example, there are sentencing minimums judges must follow for second and first degree felonies in Utah. If convicted of a second degree felony, like residential burglary, possession with intent to distribute, or manslaughter, you must serve at least one year in prison but no more than 15 years. The minimum prison term for a first degree felony conviction is five years, with the maximum sentence being life in prison. Not all felony convictions can be expunged, like rape and murder.
Felony charges are often much more intimidating than misdemeanor charges. Police officers know this and might try to leverage your stress or fear against you to get you to misspeak after an arrest. Instead of directing your questions to law enforcement, ask our lawyers to clarify the reason for your arrest, the charges the prosecution might file against you, and what the case might mean for your future generally.
Navigating a Criminal Case in Herriman, UT
Our attorneys can advocate for your rights throughout your criminal trial, paying close attention to law enforcement’s actions and potential issues with the prosecution’s case and helping you navigate the process.
Your participation in your defense is paramount, and our attorneys can represent you during arraignment to ensure the prosecution does not convince the judge to set bail too high. We can then inform your loved ones how to post bail, which might involve getting a bail bondsman, depending on the amount.
Being present, attentive, and calm during court appearances is crucial, as outbursts or missed court dates might give the judge reason to revoke your bail, even if you have already posted it and been out on bail for some time. If there are conditions for you to be out on bail, like complying with travel restrictions or not using drugs or alcohol, do not breach them. Otherwise, the judge might hold you in contempt.
Criminal cases are often distressing for defendants, who might face questions or pressure from family, friends, peers at work, or others interested in their case. With your personal freedom on the line, do not discuss your case with anyone other than our attorneys or mention it online, such as on your social media accounts.
Call Our Attorneys in Herriman, UT to Discuss Your Case for Free
Call Overson Law at (801) 758-2287 for help with your case from our criminal defense lawyers.
